College sports are popular, and it`s no surprise that Silhouette or Cricut artisans want to create and sell products to support their favorite school. Whether it`s football team equipment, generic college design, or the support of your favorite college basketball team, it`s likely that the school`s names and logos are trademarks. Over the past five years, universities have posed a flood of challenges to the use of nicknames, logos, colors, mascots and other insignia by high schools. Cease and desist letters have been sent by dozens of colleges to hundreds of school districts across the country, including those from Penn State University to Buna High School (Texas), the University of Texas at Austin at Gardner Edgerton High School (Kansas), the University of Notre Dame at Cathedral High School (New Mexico), from the University of Wisconsin at Woodlands High School (Texas). the University of Michigan to Round Lake High School (Illinois), the University of Arizona to Woodrow Wilson High School (Texas), West Virginia University to Waubonsie Valley High School (Illinois), the University of Florida to Glades Day School (Floride), the University of Pittsburgh to Whitmer High (Ohio), Florida State University to Southeast High School (Floride), Western Michigan University to Barrington High School (Illinois), the University of Missouri to Harrisburg High School (Dakota du Sud) and Georgia Southern University to Freedom High School (Virginie). In some cases, a single university has sent cease-and-desist letters to up to 50 high schools using nicknames, logos, or mascots that are even remotely similar to those of college. When a college asserts its rights to its logo, it generally does so according to these three standards, not according to an arbitrary provision of “15% difference”. Despite numerous successful lawsuits against small businesses or individuals selling counterfeit and pirated products with university stamps, no college has ever tried to conduct a confusing case against a school district. Most high schools simply comply with university requirements set out in cease and forbearance letters because of the unequal bargaining power inherent in the risk-return disadvantage of potentially costly litigation. Despite the decades-old status quo of high schools using college grades like their own, the world of academic and preparatory athletics has changed dramatically. The environment of increased visibility and exposure, which can be a headache for using an academic brand, can also be an unprecedented opportunity. Increased awareness and reach beyond their own community make high school brands that have never been more popular, powerful, or valuable. Today, college sports has become a national juggernaut.
Thanks to massive year-round media coverage, college sports can be found anywhere and anytime. Regional programs have evolved thanks to the explosion of social media and internet access, dedicated cable conference networks, and a seemingly insatiable fan appetite for more information and content about national power plants. In addition, college logos are protected by copyright. The use of a university logo protected by a high school could therefore also give rise to a claim of copyright infringement. U.S. law prohibits the use of logos by government agencies without written permission. Although some logos are not protected by copyright, they are still protected by laws similar to trademark laws. For example, you cannot use the Central Intelligence Agency logo without permission to give the impression that the CIA has supported your work or views.
The third common theory of trademark infringement is a “defilement concept” – the idea that the use of trademarks by an alleged infringer on inappropriate products or the involvement of the alleged infringer in any scandal could harm the value of the marks to the older owner. For example, if a high school track and field program with a university`s nickname, logo, and mascot is involved in an incident of harassment, sexual harassment, or other misconduct that results in wide media coverage, the university could be harmed by association-related harm. Again, however, no college has ever tried to make a branding case against a school. The logos of college and university sports teams are trademarks and therefore may not be legally copied into a license without express written permission. A company or person who wishes to use university sports logos on products must first obtain official approval from the relevant authorities. The government agency for a college or university permit program varies from institution to institution. But you knew that, didn`t you? College sports were once a regional concern in which institutions competed in a reasonable geographic area. Most schools only got wider coverage if they had the chance to make it to a New Year`s bowl game.
Yes, you can use logos on your blog, but keep in mind that online photos and images are subject to stricter copyright laws. It`s much worse to take a photo of Google Images for your blog than to use a company`s logo in an article. Finally, allegations of trademark infringement often include the related prosecution for copyright infringement for the unlicensed reproduction of the artwork for the design of a logo or mascot. Proof of copyright infringement requires only proof of the infringer`s access to the original copyrighted work and a substantial similarity of the reproduction with the original. However, despite many successful copyright lawsuits against small businesses or individuals selling counterfeit and pirated products with university-owned artwork, no college has ever attempted to sue a school district for copyright infringement related to logos or mascots. The CLC manages the application process for the schools represented and makes recommendations based on the information obtained. However, each college or university decides whether or not to approve the license proposal. The universities of Alabama, Arizona, California, Connecticut, Duke, Florida and the state of Florida, Georgia, Louisville, Michigan, Nebraska, North Carolina, Texas Tech and Wisconsin are among the schools represented by the CLC.
Trademarks work a little differently from copyright, because just printing someone else`s logo doesn`t automatically mean you`ve infringed the owner`s rights. Most logos are actually not protected by copyright. Nevertheless, a trademark infringement could result in a lawsuit to stop the infringement. There are also circumstances in which you can use multimedia logos on your website without infringing trademark rights and expose yourself to claims of infringement. Keep in mind that you can`t fool customers into believing you own the logo, so it`s best to display these marks with “as seen in” phrases. As long as the work of fiction does not confuse the viewer as to who owns the brand, the use of logos in fiction is fair use because it contributes to the realism of a story. .
